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_23- 200111898 reconvey, without warranty or covenant, any portion of the Trust Estate then held hereunder to the Trustor, or upon the request of the Trustor, and at the Trustor's expense, cause the Trustee to assign this Deed of Trust without recourse to the Trustor's designee, or to the person or persons legally entitled thereto, by an instrument duly acknowledged in form for recording. The Trustee shall, upon request by the Beneficiary, release and reconvey (or, as the case may be, assign) all or any portion of the Trust Estate as described in the preceding sentence whenever requested to do so by the Beneficiary and shall not require, as a condition to any such release, reconveyance or assignment, that the Beneficiary certify or demonstrate that all or any portion of the Obligations shall have been paid in full. Section 6.02. Notices. All notices, demands, consents, requests or other communications (collectively, "notices ") that are permitted or required to be given by any party to the other hereunder shall be in writing and given in the manner specified in Section 9.01 of the Credit Agreement; provided, that notices to the Trustee shall be addressed to the Trustee at its office set forth on Page 1 hereof. Section 6.03. Amendments; Waivers; Etc. This Deed of Trust cannot be modified, changed or discharged except by an agreement in writing, duly acknowledged in form for recording, signed by the Trustor and the Beneficiary with the consent of the Lenders as provided in the Credit Agreement. For purposes hereof, a statement by the Beneficiary in any modification or supplement to this Deed of Trust to the effect that such modification or supplement has been consented to by the Lenders as provided in the Credit Agreement shall be conclusive evidence of such consent and it shall not be necessary for a copy of such consent to be recorded with such modification or supplement as a condition to such modification or supplement being recorded in the appropriate real estate records. Section 6.04. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of and binds the Trustor and the Beneficiary and their respective successors and assigns and shall run with the Properties. Section 6.05. Captions. The captions or headings at the beginning of Articles, Sections and paragraphs hereof are for convenience of reference and are not a part of this Deed of Trust. Section 6.06. Severability. If any term or provision of this Deed of Trust or the application thereof to-any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Deed of Trust, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Deed of Trust shall be valid and enforceable to the maximum extent permitted by law. If any portion of the Obligations shall for any reason not be Deed of Trust NY1: #3303402v2